HOUSE OF REPRESENTATIVES |
H.B. NO. |
923 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE REPEAL OF NON-GENERAL FUNDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this bill is to repeal various non‑general fund and accounts that have low balances or no activity in recent years. This bill also transfers the balance of the fee simple residential revolving fund to the general fund.
This bill is based on House Bill No. 2427, H.D. 1, S.D. 1, C.D. 1, from the 2014 legislature that was vetoed, but excludes repeal of the center for labor education and research revolving fund. Although the center for labor education and research revolving fund has a relatively low balance, the legislature finds that it still serves its statutory function. This bill also repeals two other non‑general funds that have been determined to be no longer necessary.
PART I
SECTION 2. The purpose of this part is to repeal the Captain Cook memorial fund.
The legislature finds that the fund is no longer necessary. It has had no activity in recent years and a very small balance.
SECTION 3. Section 6E‑4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§6E-4[]] Administration.
All state historic areas and buildings surplus to the operations of the
department of accounting and general services shall be transferred by executive
order to the department[, except as provided in section 6E-33]. All
state projects and programs relating to historic preservation shall come under
the authority of the department."
SECTION 4. Section 6E‑33, Hawaii Revised Statutes, is repealed.
["[§6E-33] Captain
Cook Memorial Fund. All moneys in the Captain Cook memorial fund or
which may be paid into the same from the proceeds of sales or which may be
received by way of gift or otherwise for any of the purposes provided by this
section, the acceptance of such gifts and the receipt of such funds being
authorized, shall be expendable by the comptroller from time to time for any of
the purposes provided by this section, and any original historical documents or
other articles, or copies, facsimiles, or replicas thereof, so collected, and
copies of publications made under this section shall be deposited in the archives
of Hawaii to constitute a collection to be known as the "Captain Cook
Memorial Collection".
The comptroller may purchase or otherwise
acquire original books, mementos, pamphlets, documents, or other articles of
historical value relating to the life of Captain James Cook, or connected with
the history, discovery, and exploration of the Hawaiian Islands, or copies,
facsimiles, or replicas thereof of other data relating thereto, and prepare and
publish in the comptroller's discretion books, documents, pamphlets, or other
publications relating thereto.
The comptroller may distribute free copies
of such publications to libraries, museums, and other places of references open
to the public in the United States or in other countries, not to exceed,
however, one-third of the number of copies of each published. The remaining
copies may be sold at such reasonable prices as may be fixed by the
comptroller, the proceeds of such sales to be paid into the trust fund."]
PART II
SECTION 5. The purpose of this part is to repeal the infrastructure development fund.
The legislature finds that the fund is no longer necessary. It has had no balance or activity in recent years.
SECTION 6. Section 171‑19.5, Hawaii Revised Statutes, is repealed.
["§171-19.5 Infrastructure
development fund; establishment. (a) There is established in the
state treasury the infrastructure development fund to be administered by the
department of land and natural resources. Funds transferred or appropriated by
the legislature and moneys received or collected by the department of land and
natural resources, as authorized by the legislature, shall be deposited into
the infrastructure development fund.
(b) The infrastructure development fund
shall be used to provide funding for infrastructure development in the Kikala‑Keokea
area on the island of Hawaii to benefit residents of Kalapana who have been
dispossessed of their homes and lands as a result of the continued volcanic
eruptions on the island of Hawaii, which began on January 3, 1983. Proceeds
of this fund may be used for necessary expenses in the administration of the
fund.
(c) Upon fulfillment of the purposes of
this section, any unexpended or unencumbered funds appropriated by the
legislature or remaining in the infrastructure development fund as of the close
of business on December 31, 2004, shall not lapse into that fund or to the
credit of the general fund, but shall be transferred to the credit of the
Kikala‑Keokea housing revolving fund established in section 201H‑81
as of that date; provided that any unexpended or unencumbered moneys that were
provided by the office of Hawaiian affairs and deposited into the
infrastructure development fund for the purpose of infrastructure development
shall be refunded to the office of Hawaiian affairs upon the completion of the
fund's intended purpose. No funds shall be transferred until all funding
commitments entered into by the department of land and natural resources to
complete the design and construction of infrastructure improvements have been
executed."]
PART III
SECTION 7. The purpose of this part is to repeal the pineapple workers and retirees housing assistance fund.
The legislature finds that the fund is no longer necessary. It has had no balance or activity in recent years.
SECTION 8. Section 201H‑85, Hawaii Revised Statutes, is repealed.
["[§201H-85] Pineapple
workers and retirees housing assistance fund; established. (a)
There is established in the state treasury the pineapple workers and retirees
housing assistance fund to provide mortgage payments or rent subsidies for
eligible Del Monte Fresh Produce pineapple workers and retirees and their
families who are displaced or affected by the closure of Del Monte Fresh
Produce. The pineapple workers and retirees housing assistance fund shall be
administered by the corporation.
(b) Moneys appropriated for the purposes of
this section shall be deposited into the pineapple workers and retirees housing
assistance fund; provided that, upon fulfillment of the purposes of this
section, all unencumbered moneys shall lapse into the general fund. The
corporation shall establish guidelines with respect to eligible Del Monte Fresh
Produce pineapple workers and retirees and mortgage payments or rental
assistance payments under this section.
(c) The corporation shall adopt rules in
accordance with chapter 91 to effectuate the purposes of this section."]
PART IV
SECTION 9. The purpose of this part is to address the statewide geospatial information and data integration special fund. More specifically, this part repeals the special fund and requires that fees generated by the statewide geographic information system program be deposited into the general fund.
The legislature finds that the statewide geospatial information and data integration special fund is not necessary. It has no balance or annual revenues.
SECTION 10. Section 225M‑6, Hawaii Revised Statutes, is amended to read as follows:
"§225M-6 Fees for statewide planning
and geographic information system services and products. The office of
planning may charge fees for statewide planning and geographic information
system services and products. All fees collected for statewide planning and
geographic information system analyses and other related services shall be
deposited into the [statewide geospatial information and data integration
special] general fund [for the sole purpose of supporting the
statewide planning and geographic information system]. The office shall
adopt rules setting fees for statewide planning and geographic information
system services and products."
SECTION 11. Section 225M‑7, Hawaii Revised Statutes, is repealed.
["[§225M-7] Statewide
geospatial information and data integration special fund.
(a) There is established in the state treasury the statewide geospatial
information and data integration special fund, into which shall be deposited:
(1) Moneys directed, allocated, or
disbursed to the statewide geospatial information and data integration program
from other government agencies or private sources to help support the
acquisition of hardware, software, applications, and databases;
(2) Moneys directed, allocated, or
disbursed to the statewide geospatial technologies program from non-state
sources, including but not limited to grants, awards, and donations;
(3) Moneys collected as fees for
statewide planning and geographic information system services rendered; and
(4) Investment earnings credited to the
assets of the fund and all interest on special fund balances.
(b) The statewide geospatial information and
data integration special fund shall be used to help defray the cost of,
including but not limited to the following:
(1) Programs and activities to implement
this chapter, including the provision of state funds to match federal funds
from the United States Geological Survey or other federal departments; and
(2) Operating costs of the statewide
planning and geographic information system, including acquisition and
maintenance of hardware or software necessary to implement this chapter,
acquisition and maintenance of geospatial and other data, application
development, training, and other products or services of general benefit to the
statewide geospatial information and data integration program and its
stakeholders."]
PART V
SECTION 12. The purpose of this part is to address the transportation use special fund.
The legislature finds that the transportation use special fund established by section 261D‑1, Hawaii Revised Statutes, has been unused, has held no deposits for many years, and should be abolished. According to the department of transportation and state auditor, this fund has outlived its purpose.
SECTION 13. Section 261D‑1, Hawaii Revised Statutes, is repealed.
["§261D-1
Transportation use special fund; established. There is created in the treasury of the State, as a
separate account in the airport revenue fund established by section 248‑8,
the transportation use special fund. There shall be credited to such account
that portion of the moneys received by the department of transportation paid
under any contract entered into as authorized by section 261‑7 on
account of the display, sale, and delivery of in‑bond merchandise
displayed or sold at locations in the State other than on airport properties in
the manner provided by rules adopted pursuant to chapter 91 as permitted
under federal law without causing a violation of federal grant
agreements, or as shall be mutually agreed upon by the State and any
appropriate agency of the federal government; provided that no moneys so
credited may be appropriated, applied, or expended from the transportation use
special fund prior to July 1, 1990, except for purposes provided under
section 261-5. The director of transportation shall administer the fund."]
SECTION 14. Section 261D‑4, Hawaii Revised Statutes, is repealed.
["[§261D-4] Report to
the legislature. The director of transportation shall submit a
report to the legislature, not later than thirty days after the end of each
fiscal year with respect to the transportation use special fund. The report
shall include, but not be limited to, the following:
(1) The amount of moneys received and
deposited in the transportation use special fund and the amount of moneys
transferred from the transportation use special fund to any other special fund
of the department of transportation for the fiscal year just ended;
(2) The amount of moneys expected to be
received by the department of transportation, pursuant to section 261D‑1,
for the transportation use special fund and to be transferred to any other
special fund of the department of transportation for the current fiscal year;
and
(3) Any interest accrued or expense
deducted from the moneys in the transportation use special fund, with an
explanation for each."]
SECTION 15. Section 261‑5, Hawaii Revised Statutes, is amended to read as follows:
"§261-5 Disposition of airport revenue fund. (a) Except for:
[(1) That
portion of the payments received by the department under a contract entered
into as authorized by section 261‑7 and deposited in the transportation use special fund
pursuant to section 261D‑1;]
[(2)] (1) All
proceeds from the passenger facility charge and deposited in the passenger
facility charge special fund; and
[(3)] (2) All
proceeds from the rental motor vehicle customer facility charge and deposited
in the rental motor vehicle customer facility charge special fund,
all moneys received by the department from rents, fees, and other charges collected pursuant to this chapter, as well as all aviation fuel taxes paid pursuant to section 243‑4(a)(2), shall be paid into the airport revenue fund created by section 248‑8.
All moneys paid into the airport revenue fund shall be appropriated, applied, or expended by the department for any purpose within the jurisdiction, powers, duties, and functions of the department related to the statewide system of airports, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of airports and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning for the statewide system of airports, all or any of which in the judgment of the department are necessary to the performance of its duties or functions. The department shall generate sufficient revenues from its airport properties to meet all of the expenditures of the statewide system of airports and to comply with section 39‑61; provided that as long as sufficient revenues are generated to meet such expenditures, the director of transportation may, in the director's discretion, grant a rebate of the aviation fuel taxes paid into the airport revenue fund during a fiscal year pursuant to sections 243‑4(a)(2) and 248‑8 to any person who has paid airport use charges or landing fees during such fiscal year. Such rebate may be granted during the next succeeding fiscal year but shall not exceed one‑half cent per gallon per person, and shall be computed on the total number of gallons for which the tax was paid by such person, for such fiscal year.
(b) At any time the director of transportation may transfer from the airport revenue fund all or any portion of the moneys received by the department paid under a contract entered into as authorized by section 261‑7 on account of the display, sale and delivery of in‑bond merchandise displayed or sold at locations in the State other than on airport properties, as permitted under federal law without causing a violation of federal grant agreements, which the director of transportation shall determine, pursuant to rules promulgated pursuant to chapter 91, to be in excess of one hundred fifty per cent of the requirements of the airport revenue fund for the ensuing twelve months.
(c) All expenditures by the department shall be on vouchers duly approved by the director of transportation or such other officer as may be designated by the director.
[(d) Notwithstanding the provisions contained in any
contract authorized by section 261‑7 in effect on June 13, 1989, from and after
June 13, 1989, to and including June 30, 1990, all payments made
under such contract allocable to the display and sale of in‑bond
merchandise at locations in the State other than on airport properties shall be
credited to the transportation use special fund established by
section 261D‑1 in the airport revenue fund established by section 248‑8, but shall not be appropriated, applied, or expended prior
to July 1, 1990, except for purposes provided under this section.]"
SECTION 16. Section 36‑30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
[(1) Transportation use special fund
established by section 261D‑1;]
[(2)]
(1) Special out‑of‑school
time instructional program fund under section 302A‑1310;
[(3)]
(2) School cafeteria
special funds of the department of education;
[(4)]
(3) Special funds of
the University of Hawaii;
[(5)]
(4) State educational
facilities improvement special fund;
[(6)]
(5) Special funds
established by section 206E‑6;
[(7)]
(6) Aloha Tower fund
created by section 206J‑17;
[(8)]
(7) Funds of the
employees' retirement system created by section 88‑109;
[(9)]
(8) Hawaii hurricane
relief fund established under section 431P-2;
[(10)]
(9) Convention center
enterprise special fund established under section 201B‑8;
[(11)]
(10) Hawaii health
systems corporation special funds and the subaccounts of its regional system
boards;
[(12)]
(11) Tourism special
fund established under section 201B‑11;
[(13)]
(12) Universal service
fund established under section 269‑42;
[(14)]
(13) Emergency and
budget reserve fund under section 328L‑3;
[(15)]
(14) Public schools
special fees and charges fund under section 302A‑1130;
[(16)]
(15) Sport fish
special fund under section 187A‑9.5;
[(17)]
(16) Center for
nursing special fund under section 304A‑2163;
[(18)]
(17) Passenger
facility charge special fund established by section 261‑5.5;
[(19)]
(18) Court
interpreting services revolving fund under section 607‑1.5;
[(20)]
(19) Hawaii cancer
research special fund;
[(21)]
(20) Community health
centers special fund;
[(22)]
(21) Emergency medical
services special fund;
[(23)]
(22) Rental motor
vehicle customer facility charge special fund established under section 261‑5.6;
[(24)]
(23) Shared services
technology special fund under section 27‑43;
[(25)]
(24) Nursing facility
sustainability program special fund established pursuant to Act 156,
Session Laws of Hawaii 2012;
[(26)]
(25) Automated victim
information and notification system special fund established under section
353-136; and
[(27)]
(26) Hospital
sustainability program special fund under Act 217, Session Laws of
Hawaii 2012, as amended by Act 141, Session Laws of Hawaii 2013,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
PART VI
SECTION 17. The purpose of this part is to repeal the food distribution program revolving fund.
The legislature finds that the revolving fund has no balance or recent activity. Thus, the legislature finds that the revolving fund is not necessary.
SECTION 18. Section 302A‑1315, Hawaii Revised Statutes, is repealed.
["§302A-1315 Food distribution
program revolving fund. (a) There is established the food
distribution program revolving fund to be administered by the department.
(b) The food distribution program revolving
fund shall consist of:
(1) Administrative fees collected by the
department for administering and operating the food distribution program;
(2) All interest earned on the deposit or
investment of moneys in the food distribution program revolving fund; and
(3) Any other moneys made available to
the food distribution program revolving fund from other sources.
(c) The food distribution program revolving
fund shall be used by the department for the collection and disbursement of
generated revenue to support the administration and operation of the food
distribution program pursuant to 7 Code of Federal Regulations
section 250.15.
(d) The balance in the food distribution
program revolving fund shall not exceed $2,000,000 to pay for services rendered
by state-contracted warehouses for the distribution of federal commodity foods
to the recipient agencies. Any moneys remaining in the revolving fund in
excess of $2,000,000 at the end of each fiscal year shall lapse to the credit
of the general fund."]
PART VII
SECTION 19. The purpose of this part is to repeal the career and technical training projects revolving fund for the university of Hawaii at Hilo.
The legislature finds that the revolving fund is not necessary.
SECTION 20. Section 304A‑2268, Hawaii Revised Statutes, is repealed.
["[§304A-2268] Career
and technical training projects revolving fund; University of Hawaii at Hilo.
There is established the career and technical training projects revolving fund
for the career and technical training projects of the community colleges and
the University of Hawaii at Hilo into which shall be deposited the receipts
from fees for services, supplies, and use of equipment provided by or in
connection with these projects. Funds deposited in this account shall be
expended for vocational and technical training projects, and supplies,
equipment, and services related thereto."]
PART VIII
SECTION 21. The purpose of this part is to repeal the university of Hawaii alumni special fund.
The legislature finds that the special fund is not necessary.
SECTION 22. Section 304A‑2175, Hawaii Revised Statutes, is repealed.
["[§304A-2175] University
of Hawaii alumni special fund. There is established the University
of Hawaii alumni special fund into which shall be deposited funds and proceeds
received by the university from alumni activities and donations from alumni. Funds
deposited into this special fund may be expended by the university for all
costs associated with conducting alumni affairs, activities, and programs for
the university system, including but not limited to expenses for honoraria,
hotel and room rentals, food and refreshment, printing and mailing, banners and
signs, plaques and awards, airfare and per diem, leis, rental of audiovisual,
musical, and stage equipment, and activity supplies and materials, without
regard to statutory competitive bidding requirements."]
PART IX
SECTION 23. The purpose of this part is to repeal the animal research farm, Waialee, Oahu special fund.
The legislature finds that the special fund is not necessary. The university of Hawaii has ceased operation of the animal research farm.
SECTION 24. Section 304A‑2177, Hawaii Revised Statutes, is repealed.
["[§304A-2177] Animal
research farm, Waialee, Oahu special fund. There is established the
animal research farm, Waialee, Oahu special fund for the animal research farm,
Waialee, Oahu, operated by the college of tropical agriculture and human
resources of the University of Hawaii, into which shall be deposited the
receipts from fees realized from the sale of livestock, services, and supplies.
Funds deposited into this special fund shall be expended for animal research,
and services and supplies related thereto."]
PART X
SECTION 25. The purpose of this part is to address the public health nursing services special fund, which is the source of funding for the program providing case management services for medically fragile children.
More specifically, this part repeals the special fund, but retains the case management services program.
The legislature finds that the special fund has a relatively low balance and minimal activity. Thus, the legislature finds that the special fund is not necessary.
The legislature believes that case management services for medically fragile children is worthy of continuation. Accordingly, the legislature retains reference to the program in statute and intends that it be provided with general funds.
SECTION 26. Chapter 321, Hawaii Revised Statutes, is amended by amending the title of part XXXV to read as follows:
"[[]PART
XXXV.[] PUBLIC HEALTH NURSING SERVICES SPECIAL FUND] CASE
MANAGEMENT SERVICES FOR MEDICALLY FRAGILE CHILDREN"
SECTION 27. Section 321‑432, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-432[] Public
health nursing services special fund. (a) There is established
within the state treasury a special fund to be known as the public health
nursing services special fund. The special fund shall be administered and expended
by the department of health in accordance with this section.
(b)] Case management services for
medically fragile children. The department of health shall [expend
the special funds to] provide ongoing case management services and [to
provide] staff training in case management services in collaboration with
the department of human services' medicaid early and periodic screening,
diagnosis, and treatment program, including but not limited to:
(1) Assessment of children who are medically fragile to determine service needs;
(2) Development of a specific care plan;
(3) Referral for and linkages to services to implement the specific care plan; and
(4) Monitoring and follow‑up.
[(c) The special fund shall consist of
medicaid] Medicaid reimbursements received by the department for
case management services provided to families of medically fragile children[.]
shall be deposited into the general fund."
PART XI
SECTION 28. The purpose of this part is to repeal the blind shop revolving and handicraft fund.
The legislature finds that the revolving fund has a relatively low balance. Thus, the legislature finds that the revolving fund is not necessary.
Although the revolving fund is repealed, this part retains the department of human services' authority to provide the blind workshop and home labor program using other sources of funding to be determined under the executive budget process.
SECTION 29. Section 347‑12, Hawaii Revised Statutes, is amended to read as follows:
"§347-12 Blind shop [revolving]
and handicraft [fund.] program. The [department
of budget and finance shall create and maintain a revolving fund entitled
"blind shop revolving and handicraft fund". This fund may be used by
the] department of human services [for] may provide a
workshop [purposes] or home labor [purposes] program for
the blind or others, who, in the opinion of the department of human services,
will [be benefited by such] benefit from the experience [and
all moneys in the fund may be expended for materials, machinery, and other
facilities and for the erection, operation, and conduct of such workshops and
for the payment of such compensation as the department of human services
authorizes. All proceeds derived from the sale of products of the workshops or
the home labor shall be deposited in the fund]. Under the program, the
department may train blind or other persons to produce crafts and other
products for sale. This section shall be subject to any federal policies,
rules, or regulations[, which] that may be applicable in order to
obtain federal aid or the cooperation of any federal agency concerned."
PART XII
SECTION 30. The purpose of this part is to transfer the balance of the fee simple residential revolving fund into the general fund on June 30, 2015.
The legislature finds that the present balance of the fee simple residential revolving fund is relatively small. More importantly, the legislature finds that the residential leasehold programs intended to be funded from the revolving fund have not been active in recent years. Consequently, there is no immediate need for funds to operate the programs.
If the need for operating funds becomes necessary in the future, the revolving fund may be replenished as provided under the enabling statute for the residential leasehold programs.
SECTION 31. Section 516‑44, Hawaii Revised Statutes, is amended to read as follows:
"§516-44 Fee simple residential revolving fund. (a) A fee simple residential revolving fund is created. The funds appropriated for the purposes of this chapter and chapter 519 and all moneys received or collected by the Hawaii housing finance and development corporation under this chapter and chapter 519 shall be deposited in the revolving fund. Moneys collected to reimburse the corporation from the lessees for their pro rata share of the direct costs incurred by the corporation under this chapter shall be deposited into the revolving fund. The proceeds in the funds shall first be used to pay the principal and interest on bonds or other indebtedness issued by the corporation, or by the State, and then for necessary expenses, including indirect costs of the corporation in administering chapters 516 and 519.
Moneys in the fund shall be used to pay all costs of chapters 516 and 519 including administration.
(b) On June 30, 2015, the director of finance shall transfer the unexpended and unencumbered balance of the revolving fund to the general fund.
After June 30, 2015, any proceeds deposited into the revolving fund shall be subject to subsection (a)."
PART XIII
SECTION 32. The following funds are abolished:
(1) The donations for voter registration drive trust account established in 1984 and administered by the department of accounting and general services;
(2) The Hawaii FYI - ICSD trust account administratively established in 1996 and administered by the department of accounting and general services;
(3) The parking control revolving fund escrow account administered by the department of accounting and general services;
(4) The returned ACH tax refunds trust account administratively established in 2004 and administered by the department of accounting and general services;
(5) The HDOA biocontrol foreign exploration special fund created in 2010 and administered by the department of agriculture;
(6) The Hawaii EUTF self‑directed investments trust account created in 2007 and administered by the department of budget and finance; and
(7) An account controlled by the state commission on fatherhood,
and any remaining balances shall be transferred to the general fund.
SECTION 33. On June 30, 2015, all unencumbered balances remaining in the accounts and funds repealed by this Act shall lapse to the credit of the general fund; provided that the director of finance shall transfer the unencumbered balance in the Captain Cook memorial fund to the state parks special fund.
PART XIV
SECTION 34. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 35. This Act shall take effect on July 1, 2015; provided that part V of this Act shall take effect on June 29, 2015; provided that the amendment made in section 16 shall be exempt from the repeal and reenactment of section 36‑30, Hawaii Revised Statutes, on June 30, 2015, pursuant to section 34 of Act 79, Session Laws of Hawaii 2009.
INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Department of Budget and Finance
Description:
Repeal of various non-general fund accounts and transfers the balance of the fee simple residential revolving fund to the general fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.